WALKER v. BLACKMON

Filing 15

ORDER adopting Magistrate Judge's 13 Report and Recommendation. Respondent's motion to dismiss, ECF No. 8 , is GRANTED. Petition for writ of habeas corpus, ECF No. 1 , is DISMISSED. A certificate of appealability is DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on 09/22/2017. (MB)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

DARRYL WALKER,
Petitioner,
v.

CASE NO. 5:17cv96-MCR-GRJ

WARDEN BLACKMON,
Respondent.
/
ORDER
This cause comes on for consideration upon the magistrate judge's Report and
Recommendation dated August 4, 2017, recommending that Respondent’s motion to
dismiss should be granted and the Petition should be dismissed. ECF No. 13.
Petitioner has been furnished with a copy of the Report and Recommendation and
was afforded an opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1).
Petitioner has filed objections. ECF No. 14. Having considered the Report and
Recommendation and the objections, I have determined that the Report and
Recommendation should be adopted.

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Accordingly, it is now ORDERED as follows:
1.

The magistrate judge's Report and Recommendation is adopted and
incorporated by reference in this Order.

2.

Respondent’s motion to dismiss, ECF No. 8, is GRANTED.

3.

The petition for writ of habeas corpus, ECF No. 1, is DISMISSED.

4.

A certificate of appealability is DENIED.

DONE AND ORDERED this 22nd day of September, 2017.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No. 5:17cv96-MCR-GRJ